Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12503 of 2021 Petitioner :- Ramesh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhay Kumar Kushwaha Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 25.07.2021 in Case Crime No.0092 of 2021, under Sections 379, 419, 420 IPC and added Sections 467, 468, 471 IPC and Section 3(2) of Prevention of Damage to Public Property Act, 1984, Police Station Shakti Nagar, District Sonebhadra. Further prayer has been made not to arrest the petitioner in pursuance of the impugned F.I.R."
At the very outset Shri Arunendra Kumar Singh, learned A.G.A. raised preliminary objection regarding maintainability of the writ petition as the earlier petitioner had invoked the remedy under Article 226 of the Constitution of India by filing Criminal Misc. Writ petition No. 11188 of 2021, questioning the validity of the first information report dated 25.07.2021 and the same was disposed of vide an order dated 25.11.2021, accorded the benefit of judgment dated 28.01.2021 passed in Criminal Misc. Writ Petition No.17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) and extended benefit of Section 41-A of Cr.P.C. He submits that consequently in the investigation, Sections 467, 468, 471 IPC has been added and as such the present writ petition is liable to be treated as second writ petition and is liable to be dismissed.
Once an objection is being raised the Court has proceeded to examine the record and we are of the considered opinion that at the appropriate stage once the relief under Section 41-A of Cr.P.C. could be extended to the petitioner the same has been extended vide order dated 25.07.2021 and after investigation in case new sections have been added, we are of the considered opinion that cognizable offence is made out and we are not inclined to interfere in the matter.
In view of above, the writ petition is accordingly dismissed. However, needles to say that the petitioner is at liberty to invoke the remedy as available under the law.
Order Date :- 22.12.2021 pks